Posted: May 8th, 2014
The High Court has approved a settlement of compensation for injuries sustained in a bus accident in favour of a young Spanish student, who was hit by the bus as he was fleeing from other youths.
On February 4th 2009, Carlos Tesch was walking with fellow Spanish students along Herbert Road in Bray, County Wicklow, when the group was approached by a number of youths, who had previously been verbally abusive to them.
Carlos ran into the street in order to avoid the older boys, but as he did so he was hit by a bus coming up the road from behind him. Carlos suffered serious head injuries in the accident, including the fractured base of his skull, for which he has subsequently twice been to China for stem cell treatment.
As a result of his injuries sustained in the bus accident, Carlos is unable to speak and can only walk a few steps without assistance. His father – Hams Tesch – has given up his managerial position to care for Carlos, who is able to attend classes in his home town of Bray, County Wicklow, during term time.
Through his father, Carlos claimed compensation for his injuries sustained in the bus accident against the operators of the Bray bus service – Dublin Bus. Dublin Bus contested their liability for the boy´s injury, claiming that it was unreasonable for the bus driver to have predicted that Carlos would run out into the road in front of the bus.
The case went to the High Court last year, where Dublin Bus were found 70% liable for Carlos´ injuries because the bus driver had been distracted by a passenger just before Carlos ran out into the road. Dublin Bus appealed the verdict, but the decision was upheld by the Supreme Court, and the case was returned to the High Court for the assessment of damages.
At the High Court, Ms Justice Mary Irvine was told that a €9 million settlement of compensation for injuries sustained in a bus accident had been negotiated and, after hearing the circumstances of Carlos´ accident and the care and devotion his father has shown for him in the five years since, Judge Irvine approved the settlement – adding she was aware of the sacrifices that parents will make when their children are badly injured.